The Marketing of Fresh Horticultural Produce Regulations 2009

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Interpretation

This section has no associated Explanatory Memorandum

2.—(1) In these Regulations—

[F1“Commission Implementing Regulation 543/2011” means Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors, as amended from time to time.]

(2) In these Regulations—

“authorised officer” means an officer appointed by the Secretary of State in accordance with regulation 3(5) of these Regulations;

“[F2marketing rules]” means the general marketing standard and the specific marketing standards covering fresh fruit and vegetables listed in Part IX of Annex I to [F3Regulation (EU) 2013, and includes the rules relating to those standards contained in Articles 74 [F4and 76 of Regulation (EU) 2013]] and Title II of [F5Commission Implementing Regulation 543/2011];

“container” includes any basket, pail, tray, package or receptacle of any kind, whether open or closed;

“controlled” in relation to horticultural produce, means that the power conferred by regulation 12(1) (stop notice) has been exercised in relation to it and that the stop notice is for the time being in force;

F6...

“general marketing standard” means the requirements of [F7Article 76(1) of Regulation (EU) 2013 ] as detailed in [F8Article 3(1) and Part A of Annex I to Commission Implementing Regulation 543/2011];

“horticultural produce” means fruit and vegetables listed in Part IX of Annex I to [F9Regulation (EU) 2013] to which [F2marketing rules] apply;

“label” includes any device for conveying information by written characters or other symbols, and any characters or symbols stamped or otherwise placed directly on to any horticultural produce or container, and references to the affixing of a label are construed accordingly;

“labelling defect label” has the meaning given in regulation 11;

“out-graded label” has the meaning given in regulation 10;

“premises” includes any place, vehicle or trailer, stall, vessel, container, moveable structure, aircraft, or hovercraft;

“re-graded label” has the meaning given in regulation 9;

[F10“Regulation (EU) 2013” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products, as amended from time to time;]

“specific marketing standards” means the marketing standards F11... as detailed in [F12Article 3(2) and Part B of Annex I to Commission Implementing Regulation 543/2011], and “specific marketing standard” means one of those specific marketing standards;

“stop notice label” has the meaning given in regulation 13.

(3) Unless otherwise provided in this regulation, terms used in these Regulations have the same meaning as they have in [F13Regulation (EU) 2013] and [F14Commission Implementing Regulation 543/2011].

Textual Amendments

F1Words in reg. 2(1) substituted (1.12.2011) by The Marketing of Fresh Horticultural Produce (Amendment) Regulations 2011 (S.I. 2011/2587), regs. 1(1), 3(a)

F2Words in reg. 2(2) substituted (31.12.2020) by The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 5(2); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in reg. 2(2) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 8(2)(a)

F4Words in reg. 2(2) substituted (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 13(a)

F5Words in reg. 2(2) substituted (1.12.2011) by The Marketing of Fresh Horticultural Produce (Amendment) Regulations 2011 (S.I. 2011/2587), regs. 1(1), 3(b)(i)

F6Words in reg. 2(2) omitted (1.1.2014) by virtue of The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 8(2)(b)

F7Words in reg. 2(2) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 8(2)(c)

F8Words in reg. 2(2) substituted (1.12.2011) by The Marketing of Fresh Horticultural Produce (Amendment) Regulations 2011 (S.I. 2011/2587), regs. 1(1), 3(b)(ii)

F9Words in reg. 2(2) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 8(2)(d)

F10Words in reg. 2(2) substituted (1.6.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018 (S.I. 2018/575), art. 1(2), reg. 27

F11Words in reg. 2(2) omitted (1.12.2022) by virtue of The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 13(b)